we're all going to get paid in abundant sunshine later today. grab that coat, we are headed towards the 70s. also rain is looming. we'll tell you when that comes back in the forecast. first you might have to pay the toll here at the toll plaza or pay in time on your morning commute. i'll show you where the backups are already forming. it's a little unusual today. is there a backup at the bay bridge this morning? mike has tabs on all of it for us as we take a live look outside for this tuesday, november 13th. this is "today in the bay." it is 6:00, good morning, everybody. thank you very much for getting up early with us. i'm jon kelley. >> and i'm laura garcia-cannon. we continue to following breaking news all morning long for you. a neighborhood in daly city flooded out this morning, prompting a number of families to evacuate. christie smith just arrived on scene and has the latest information for us. any word where that water is even coming from? >> reporter: well, that's a good question. we definitely know that it's

coming from up the hill. we're here in daly city and this is where the water is flowing down the hill and about as far as we can go because police are stopping us from going any further. not just water, but a huge flow of mud. there is apparently some sort of reservoir or water storage facility up the hill that's having a problem and it's tied to some sort of main break in the area. that according to a man that i just got off the phone with, with the water district here in daly city. this is a hillside park neighborhood where evacuations are under way. i spoke with one officer here. he's from the broadmoor police department. he said he was called in about 4:30 this morning to help with traffic control. his boots this morning completely covered in mud. he says that a center is opening up for people who need help this morning. i can tell you that water -- wastewater resources tells me that it is not flowing anymore. that's the latest word.

that this started about 4:45 this morning but what caused it is still unclear. whether the earth shifted, they don't know, but what he thinks is that the flow at least has stopped for now. he told me to call back in about 30 minutes for a little more information so i'm going to do that and check back in with you. but that's the latest from here. i'm christie smith, "today in the bay." he founded what turned out to be a multimillion dollar antivirus company in silicon valley, but this morning john mcafee is a wanted man. authorities in central america say he may have killed his neighbor. marla tellez joins us in the newsroom with the mcafee manhunt right now in full swing. >> reporter: jon, good morning. john mcafee sold his antivirus company back in 1994 for $100 million. fast forward almost 20 years later to today and the once s l silicon valley goln boy is now in hiding somewhere in central america. police in belize say the 67-year-old is a person of

interest wanted for questioning in the death of his neighbor, 52-year-old greg fall, seen right here. fall was found shot to death over the weekend on his property in belize where he lives next door to mcafee. mcafee called "wired" magazine telling the reporter he believes the government has a vendetta against him. he told the magazine, quote, under no circumstances am i going to willingly talk to the police in this country. you can say i'm paranoid about it, but they will kill me. there is no question, unquote. unrelated to this investigation and before he went on the run, mcafee told a belize television station he hired personal security for his beach front property. >> it makes me feel safe. it makes me feel safe to know that all the criminals that might want to rob me know there's a policeman living there and they think there's something wrong with that. well, this is the only country in the world where that would be the case. >> reporter: mcafee was first in

trouble with the law earlier when police confiscated guns and drug-making equipment from his home. he was never charged. as for fall, his neighbor who is now dead, mcafee says he knows nothing about that death. laura. >> 6:04. a verdict is expected today in the trial of a san francisco man accused of violent sexual assaults on women. prosecutors say frederick dozier attacked three women along the 24th street corridor in the mission district between june and december of 2011. he allegedly grabbed the victims from behind, dragging them to secluded areas. dozier was arrested after police matched his dna to evidence from crime scenes. a college-bound marine from san jose is now dead after a night out on the town in palm springs. now his family is demanding answers. allan devillena's family is in palm springs this morning looking into why police shot and killed their son. officers say they shot the marine after he hit an officer with his car inside a parking

garage. police say another officer then climbed into the passenger window trying to stop the car, but the marine kept driving. that's when a third officer fired that deadly shot. coming up at 6:30, you'll hear what the marine's father is saying about his son's death and why he doubts the marine would start trouble with the police. four people are in custody this morning following a shooting in menlo park that has neighbors and residents concerned. it happened yesterday just before noon. investigators say while they were making an arrest, they stumbled upon a stash of guns, drugs and numerous shell casings. in the last few weeks menlo park has seen an uptick in violence. the violence has concerned and fearful neighbors now speaking out. >> my main concern is my family and all of these youngsters that are killing and shooting each other. hopefully maybe this can all come to an end one day, hopefully soon. >> no one died in the shootings.

investigators say they're still not clear what triggered it all. the executive director for the port of oakland is leaving his post. omar benjamin submitted his letter of resignation yesterday. benjamin was in seriously hot water after he was found to be part of a group that ran up a $4500 tab at a texas strip club. that bill was ultimately paid for by the port of oakland. benjamin and another top executive right now being investigated by the agency over that expense. >> 6:06. governor jerry brown will attend a meet of the csu board of trustees as they discuss a new fee proposal. today's meeting comes just a week after voters passed prop 30 which was touted as a way to avoid more education cuts and tuition increases. the new fee proposal would charge extra for csu students to take more classes than they need. csu trust tees say it's meant to encourage students to graduate on time and make way for incoming freshman. students plan to protest the

meeting. if approved, the new fees take effect next fall. it is 6:so07. you know why i'm excited about the forecast? because christina loren says we're going to be paid in an abundance of sunshine. >> yeah, today look at the sunrise. we do pay the big bucks to live here, let's face it. live look at the port of oakland, just a beautiful start to the day. let's take you into san jose now. clear conditions for the most part. you can see we have a few high clouds out there, cirrus clouds, making for filtered sunshine for the second half of the day, but temperatures are cool out there. cool enough for a jacket. still running about 5 to 8 degrees warmer than just 24 hours ago so it all works out like this for today. you'll be at 72 at 4:00 p.m. inland, 70 bayside and at the coast 69 degrees. your seven-day outlook is ready to go in my next report. mike knows what could slow you down on the roads this morning. >> good morning. yeah, things are a little

different this morning. we expect tuesdays to show a heavier volume but we had a vacation day yesterday. well, some of you did. on the east shore freeway we do have the backup starting to form off the racetrack and heading down through berkeley. speeds dipping down into the 40s and 30s at times for westbound 80. i'll show you on the maps what we're talking about, the arrow showing you the commute direction for the east shore freeway which is actually looking pretty good right now. folks seem like they're easing in. this is the pattern we typically see on a monday, if not a little lighter, actually. we will look to a heavier problem west highway 4 through antioch. we do have an accident still in lanes an hour after it happened causing quite a backup. we had this early on my radar but it hasn't been a big problem until now. look at how slow it is coming over into pittsburg and bay point. a live look will show you daly city where we continue to follow the activity. this is right around hillside park, the vicinity. it sounds like hillside

boulevard and mission street are open through the area but i'm continuing to check. so far the freeways are okay. this will affect residents in the hillside neighborhood in daly city. back to you guys. 6:09. coming up, a general's infidelity is no longer his own affair. new developments as the scandal involving cia director now widens to the military's top commander in afghanistan. we're going to tell you what investigators found that linked him to the case as well just ahead. a strange link as well to a new video game and general petraeus as they line up at midnight to get that game. we'll take a look in business news. and a ridiculous midnight movie prank that had an audience running for the door in colorado. we'll tell you about the chilling similarity to the suspect in a movie theater massacre just ahead.

right now we're following breaking news from daly city. crews working on a water main break that has filled the streets there. some families and homes have been evacuated. a lot of debris out in that area. we have christie smith live on the scene gathering information trying to pinpoint the place where this broke loose. we'll have more coming up in a matter of minutes. another developing story we're following. a growing scandal linked to general david petraeus and his affair with a biographer. overnight defense secretary leon panetta announced general john allen, our top military commander in afghanistan, is now also under investigation. the pentagon discovered 20,000 to 30,000 pages of potentially inappropriate e-mails between allen and jill kelly. kelly is the woman who told the fbi she felt harassed by anonymous e-mails later traced to paula broadwell. the investigation uncovered the affair between broadwell and the cia director, david petraeus. we'll have much more of the new

details and the link to general allen coming up in a live report from capitol hill at 6:50. also new this morning, a suspected terrorist will be set free from jail today in great britain. a radical muslim cleric will be released after a judge ruled against deporting him to jordan to face terrorism charges. that judge denied deportation because of concerns that he would not get a fair trial in jordan. he has been in and out of jail since back in 2002. britain says his sermons influenced the ring leader of the 9/11 attacks in the u.s. 6:13. a colorado teenager playing a joke on his friends is now facing serious charges. police say the 17-year-old walked into a movie theater in boulder, colorado, wearing a joker mask from the batman movies. five people ran out of the theater. the teen said he wore the mask to scare his friends. police certainly were not amused. the teen was arrested for

misdemeanor menacing. >> that is just ridiculous. elmo is still part of sesame street but the man who's been the voice for nearly 30 years now leaving that show temporarily. kevin clash taking a leave of absence amid accusations he had a relationship with an underage boy. he denies the charges saying he had a relationship with his accuser but denies the man was underage at the time. sesame street says it's thoroughly investigating the accusations and believes them to be false, saying the accuser didn't produce evidence. sesame street says the show is still in production and other puppeteers will now be voicing elmo while clash is on leave. it is 6:14. time for a check of the day's other top stories. as you mentioned, a daly city neighborhood has been evacuated this morning. emergency crews say they're working on a major water leak in the area near hillside park. so far no word on the cause. the family of a san jose marine demanding some answers today in the shooting death of

their son, corporal allan devillena was shot in a confrontation with palm springs police. police say they ordered devillena to stop his car in the parking garage but instead he drove off and hit an officer. police fired and killed the marine. governor jerry brown will attend a meeting of the csu board of trustees today as they discuss a new fee proposal. the new system would charge extra for students who take more classes than they need. students plan to protest today's meeting in long beach. all right, retailers already getting that early jump to black friday sales, stores like toys r us and target will actually be opening up their doors on thanksgiving day. that's real early. retailers say the early start gives families a little time to finish up those meals, shop and sleep in as opposed to storming those malls at dawn but some workers not too happy with this idea. they have started online petitions to try to spend time with their families. lines already for the latest

video game, call of duty black ops 2. >> it is so popular hundreds spent the night out in the cold. >> we have video, jon. last night just before midnight take a look. these franchises selling billions worth of the product as they count down to this game and open the doors. the last version of call of duty eventually pbecame the best-selling thing in maude erp hi -- modern history. per unit they're better selling than iphone. an interesting twist this morning. gamers load this game into their xboxes and are discovering one of the character in the game is david petraeus. there's no indication he actually participated in the making of the game, but he is a character in it. verizon and htc have an event this morning in new york city. it's expected they will introduce a new phone called the droid dna. smaller than an ipad mini,

bigger than an iphone. it's that new phone/tablet category they're calling a phablet. apple experimenting with new employee perks. apple not known for perks, in fact employees there pay for their own lunch. but keep in mind apple was known for a rapidly rising stock price but the stock has not done well. it appears management is looking for new ways to motivate employees with new perks and yet they really do call it a phablet, a really big tablet phone. >> they're getting bigger like they used to be. thank you. >> like holding a saucer or plate to your head. >> old school. well, space enthusiasts still have their eyes on the sky or at least their computer screen. >> they'll try to catch a glimpse of a total solar

eclipse. the eclipse will start later this morning but only be visible for just a few minutes from australia. most of the path stretches over an empty span of the pacific ocean. you can still watch it over the internet. the robotic telescope will stream the eclipse live starting at 11:30 this morning. the web address right there, slooh.com. >> i'm assuming it's okay if you watch it on your computer screen, you can stare right at it. it's not going to hurt you like in real life. >> you can never be too safe. good morning to you. if you want to be safe, bring your pets in this morning. it's too cold for those little furry fellas, especially in gilroy, where temperatures are in the low 30s. grab your coat as well. but something that you can ditch later on. yeah, you want to make sure you dress under that coat in a nice short-sleeved shirt as we are headed toward the 70s just about everywhere. very close to that 70-degree

mark. offshore flow is the reason why. this is san jose, beautiful start to the day. temperatures are cold, as i pointed out. 36petaluma. temperatures are going to start to drop off just a touch more before we hit 6:46, which is our sunrise. that's the coldest time of the day. the furthest point from which the sun was last shining. we stop the clock on your futurecast, expecting light showers between 7:and 10:00. up in sonoma county, grab your umbrella just in case. as we head throughout the day, high pressure boosts that storm track back up to our north and we've got a fabulous day shaping up. 72 degrees in livermore, 73 in fairfield, 69 in fremont and san francisco traditionally hits the low 60s. you'll be at 68 degrees in the city by the bay. as you know, we're getting into the holiday season and our annual food drive is this saturday. you'll find your favorite nbc personality scattered all across the pay area at local safeway

stores. just $10 buys a prefilled bag for a family in need. we will all be out there and we'd love to see you. 71 degrees on thursday. by the weekend, temperatures fall into the 60s and the rain returns. ie get it while it's warm. let's check on the drive. >> a little shoutout, my store at fremont, number one last year. make it happen again, folks. the challenge is on. look at this beautiful sunrise. -- now look at the traffic. metering leets aights are on. we expect this at the toll plaza but thumbs up because traffic is flowing smoother now that the accident and all lanes have cleared on mountain house west 580. thumbs down heading through livermore. that's unleashing all this traffic and now we see the build to north livermore and slowing over towards pleasanton and the dublin interchange. you'll see more traffic booming

over down towards pleasanton and sunol as well. we'll give you a look at the traffic otherwise through the south bay where northbound 101 shows that slowdown but the burst kicked in and stuck around just for this section. you know yesterday was a holiday for many. some folks might be easing into their workweek for 87 there's a little slowing but 85 and 17 showing a nice easy drive as well as 280 coming up into cupertino. we'll show you how things are shaping up over the water for the san mateo bridge. that's your westbound 92. the san mateo bridge commute to the peninsula side, a smooth drive at the interchange and all the way up through san mateo as well. back to you. >> thank you very much. it's 6:21. coming up, a whole new meaning to baby on board. the birth that turned an oakland gas station into a delivery room and had police stacked in as doctors just ahead. >> a handful of heroes making it happen. the baseball season is over but competition is still under way. a little twist on the bay bridge series that has team managers in oakland and san francisco

gunning for the same title.

keeping our eye on breaking news in daly city this morning where a number of families had to be evacuated. this is near hillsdale park and luzan avenue. kid of hard to make out but major flooding engulfing a lot of cars in that area as well. a lot of mud as well. we've got a live report coming up in just moments. 6:25.

right now a special reunion for three oakland police officers and a little baby boy they helped bring into the world just four days ago. this one all started at a gas station in nolan park when a man flagged down the officer saying, help, my wife is in labor. the officers pulled over and helped deliver a healthy bouncing baby boy and named him, i guess appropriately, nolan. that's very special. today the family officially thanking those officers at the eastmont police substation. since the baby was born just across the street from the oakland zoo, the family will get a one-year membership free of charge to the park. >> congratulations to them. nothing like a new baby in the house. we want to check in with christina loren, with a look at the forecast. >> the little ones head back to school so make sure you bundle them up. we're going to see two very separate parts to the day. very chilly to start, 42 degrees inland. you'll be at 72 degrees by 4:00 p.m. very comfortable readings.

70 bayside, 69 at the coast. changes just around the corner. lots of rain in the forecast. we'll detail that for you coming up. first i want to check on your traffic tuesday drive with mike. >> it's a little lighter for a traffic tuesday, again the day after a holiday. it looks like folks are easing back in but still we have the congestion. slow through richmond and backup at the toll plaza. live look at the peninsula shows you traffic moving nicely as well. north 101 past university and all the way up into the city. back to you. >> thank you very much, mike. major league baseball set to announce managers of the year. both the giants and the a's are in that hunt. giants manager bruce bochy getting a lot of credit for a phenomenal playoff run, winning the world series. on the american league side, a's manager bob melvin credited with taking a team many counted out of the playoff picture at the dp beginning of the season all the way to the a.l. west division title. 6:27. still ahead.

a safety net before falling off the fiscal cliff. hope for a compromise now turns to action as congress returns to work on capitol hill. business and tech reporter scott mcgrew is all over the story and will let us know what's at stake just ahead. plus a san jose marine survives a tour in afghanistan only to be shot and killed in his home state. the confrontation with police with deadly consequences just ahead. ♪ i'd like to thank eating right, whole grain,

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streets looking more like canals as water floods a daly city neighborhood. we have the investigation into exactly what happened coming up next ahead. a san jose marine survives the battlefield only to be killed by police in his home state. the confrontation that led officers to fire the deadly shot just ahead. >> and because we like hitting that thing right on the nose, we have a look at wall street. the opening bell today, the markets hoping to hang on as we try to see if they can figure it

out on capitol hill for that fiscal cliff. it is tuesday, november 13th. this is "today in the bay." 6:30 on the nose, everybody. good morning, i'm jon kelley. >> and i'm laura garcia-cannon. crews in daly city say a water leak that forced a neighborhood to evacuate is now under control. take a look at the damage left behind. live pictures from daly city this morning. crews say that leak started about 4:45 this morning at a water storage facility near hillside park. the water carried thick mud and debris down to the neighborhood, swamping cars, leaving roads a mess. at this point still not clear exactly what caused that problem. christie smith is at the scene gathering information for us. in fact she gave us a quick update that there are at least eight families that are affected out there. we'll hear from christie live coming up at 6:45.

a marine from the south bay right now is dead this morning. his family on the way to palm springs looking for answers. police shot and killed the young marine who was based out of camp pendleton and the just returned home from war. bob redell is live in san jose right now and has the story on exactly what went wrong. bob, good morning. >> reporter: good morning to you, jon. we have spoken with the father of allan devillena and he says he doesn't think that his 22-year-old son would have started a confrontation with police. he says he knew better. the family has left their home here in san jose. they should already be in palm springs where their son was shot and killed by police early saturday morning. two bicycle police officers were responding to loud voices in a parking garage. they recognized devillena from an earlier drunk in public incident according to police. they ordered him and his passenger out of his car. police say the marine drove off, hitting one of the officers, while the other officer hung out of the passenger window. that's when police fired their

weapons, hitting and killing devillena. >> after we collect all the witness statements, the statements from the officers involved and the evidence at the scene, we'll have a better determination of what actually occurred. what was occurring in the minds of the officers. what led them to use their weapons in this incident. >> reporter: the passenger was not hurt. inside his car, police say they found a stolen phone and atm card. devillena had recently returned from a tour of duty in afghanistan and was just weeks away from finishing his service in the u.s. marines. he was in town just last week in the bay area, his family says, touring local colleges. he had a passion for music, which is one reason why he wanted to study to become a sound engineer. reporting live here in san jose, bob redell, "today in the bay." it is back to work this morning on capitol hill. congress back in session today from a seven-week election break. and there is plenty of unfinished business to tackle, including that so-called fiscal cliff. a budget deal must be reached to

avoid automatic cuts on programs and tax hikes for most americans. as congress reconvenes on capitol hill, president obama will be at the white house for meetings aimed at pressuring lawmakers into a compromise. for more on the fiscal cliff and what it means for you, let's check in with business and tech reporter, scott mcgrew, live this morning with more. scott. >> reporter: well, good morning to you, laura. the president is going to have two major meetings today and tomorrow. the first day will be with labor, wednesday with ceos. now, companies and employees really have no say whether or not america goes over a cliff. that's entirely up to congress. but powerful people in the private sector can certainly add pressure to lawmakers. now, this labor part is critical. average americans do have the most to lose, as many benefits are required to be cut on the cliff. on the ceo side, northern california will be represented pie this man, john watson, the ceo of chevron. also ceos from ibm, ford, walmart an general electric will attend that meeting.

that is on wednesday as we get closer to this fiscal cliff, we're less than 50 days now from the required cuts. jon and laura. >> it could hurt so many. thank you very much. 6:34 right now. christina loren is keeping the eye on her weather right now. it looks like a sprinkling of sunshine for us. >> oh, it's going to be nice. take a look at this beautiful sunrise, although we're about ten minutes away from your official sunrise as the sun makes its way over the horizon. it is just spectacular. nice and clear to start. we have a few ripples out here on the bay. offshore winds keeping that fog from forming at the coast. now take you into san jose, a beautiful start here as well. not a cloud to be found in the sky, just spectacular of the let's get right to your temperatures because it's chilly out there. you'll need the jacket and something you can peel off later today. 47 degrees in san francisco, 41 at napa, 37 in novato and 39 degrees to start you out. up in santa rosa. you'll notice it's not as frigid

as it was at this time yesterday. in fact we're running 5 to 8 degrees warmer throughout the day today and that means we'll be 5 to 8 degrees warmner terms of our daytime highs. 70s return. 72 inlane, 70 bayside. at the coast today 69 degrees. we do have changes just around the corner, expecting at least four of the seven days on your extended outlook to include that rain. so we'll tell you when that arrives and how long it's going to last coming up. 6:35. first, traffic tuesday an he's busy this morning. hey, mike. >> good morning, good morning. busy trying to track down what's going on and why there's some unusual flow here. again, tuesday after a holiday it looks like folks are easing into the week. next week we're expecting a lighter volume. 101 here underneath 680 shows some slowing and the map shows you that is your stretch you expect to see but not much beyond that. from 680 up toward the airport. 87 shows a little slowing into downtown and 85 finally showing speeds dipping down into the upper 50s at the bottom of your screen. farther south, we're going to show you also highway 9 at glen

arbor in ben lomond. an accident caused power lines to be downed. there's 3,000 people without power. the intersection itself, there is a way around it. they have local traffic control but prepare for the slowing and of course the power outage and the signal effect and the effect on homes more of a concern. we'll show you the live look at the toll plaza coming up in the next report sha, guys. back to you. a fireworks factory up in flames in india. how the illegal operation was actually allowed to go into business steps away from a police station just ahead. plus braving the chill and waiting for rescue. why searchers who spotted a pair of stranded snowboarders still haven't been able to get them down from a mountain top. we'll have that just ahead. alright let's break it down.

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we continue to follow breaking news for you in daly city this morning. now that the sun is up, you can see a better look of the flooding that happened near hillsdale park and luzanne drive this morning. they seem to have gotten it in control now but the damage is already done as we take a live look at the mountaintop where the water came flooding down forcing evacuations of at least eight homes. families out this morning. christie smith will have a live report for us coming up. look at the trees as well just coming down that mountain. a lot of cleanup under way. 6:39. laura, closing arguments starting today in the trial of an american soldier accused of

killing afghan villagers. he is accused of killing 16 people, including nine children. prosecutors say back in march bales left his post at a base in the kandahar providence to attack two nearby villages. if found guilty, the 39-year-old could face the death penalty. in northern india, an investigation under way into what sparked a deadly factory explosion. police are sifting through the rubble at an illegal fireworks plant near the city of lucknow. at least seven people are dead and a small handful were injured. investigators say workers were packing fireworks in preparation for a religious festival. the factory's owner did not have a license to operate. eight police officers have been suspended for failing to close the plant, which was located less than 200 feet from their station. much closer to home in washington state, search and rescue crews will try again this morning to help two stranded snowboarders on mt. rainier. the pair were spotted yesterday

but crews there were unable to get them out because of all the bad weather. the snowboarders of been stuck there since sunday after losing their bearings following a big-time snowstorm. rescue crews say the two men have taken shelter by digging a snow cave out there. it is 6:41 right now. coming up, caught in the fallout. another top military leader dragged into the general petraeus affair scandal. we'll tell you why the investigation is actually widening this morning all in a live report. also coming up, the manhunt for a multimillion dollar tech titan. why he's on the run and what he's telling the press while in hiding just ahead. we'll check the markets and lots of people calling in sick after the release of a new video game this morning. we'll take a look. [ female announcer ] introducing yoplait greek 100.

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right now let's get you updated on that breaking news out of daly city where water and mud has filled the streets in one neighborhood. you can see that there. it's a mess. forcing many people right out of their homes. this is a live shot from our chopper there. you can see those cars, some of them with water almost up to the windows there. that is some deep, nasty stuff. the water flow at this point is under control, but the cause remains a mystery. christie smith is live at the scene and she had a chance to talk to neighbors who woke up to this big-time mess. christie, good morning. >> reporter: -- >> unfortunately we're having some problems with audio. we will check back with christie smith in a few moments once we get that taken care of. >> boy, you can see the damage there behind her. it is pretty bad. we'll work out that audio problem. in the meantime let's check our forecast with meteorologist christina loren. look, the sun has come up over

the bay area, beautiful. >> it is spectacular. i mean today is one of those days where if you don't get outdoors, you might just be kicking yourself in the hiney come late week when the rain arrives. we are expecting a lot of it. taking a live, beautiful look, this is from san bruno mountain out towards mt. diablo, taking a live look out toward candlestick point. you just can't beat the sunrise, it is spectacular. right on time, 6:45, sunrise taking place. you're at 39 in novato, 49 in stinson beach and it's still chilly in petaluma at 36 degrees. we're headed towards a really, really nice day. i'm talking about 72 degrees inland and very close to that at the beach and over the bay. 36 in gilroy. it's cold enough for a jacket so let's take you through that forecast. high pressure drives our winds offshore the next couple of days. that will keep things nice and mild all the way through thursday, in fact. we'll be very close to that 70-degree mark. then the rain arrives. an area of low pressure moves in

as we head through late thursday, friday, saturday and sunday. in addition to the showers, that foggy, drizzly pattern will resume and we'll get much cooler around here as well. just make sure you're ready for that. highs today perfect. 72, that's room temperature in livermore. 73 for fairfield. 70 in concord. 69 degrees in redwood city. what that means is you can give your pg&e bill a little bit of a break. you don't need the heater or the ac today. save that money for holiday shopping. 71 degrees by thursday. as we head into the weekend, there's that rainy pattern. i think it's going to continue all the way through monday, possibly tuesday and there's some question marks surrounding this next system that's coming through. it's a cold system, but will it tap into subtropical moisture? if it does, it could just dump rain over the bay area and snow over the sierra, so we're watching for that. let's take a look at your drive and see what mike is watching. >> fworngood morning, we're wat a lighter volume. we typically call it traffic tuesday but we're looking at the

backup at the toll plaza, a little bit lighter after a monday holiday. it looks like some folks are easing into the week. we can clearly see all of those lanes moving but the metering lights are on. the approach down the east shore freeway, down past university avenue, there's the overcrossing. you can see traffic flowing with good spacing between the cars. you're in the upper 50s coming out of richmond. it's slow through pinole and into richmond but that's about the worst of it right now. we'll show you the maps a little farther south. we're looking at 880 coming out of san leandro into hayward and really bogging down. southbound 680 slow out of pleasanton into sunol. after that burst of traffic made its way out of altamont where we had an earlier accident at mountain house and now a smooth drive still and it's smoother than i expected because of a lighter volume of traffic. 101, 87 and 85 all slowing down. 280 the latest to show that slowdown right around the 880

interchange. let me show you what's going on over here in daly city. we do have evacuations of about eight houses as far as i understand. this is the area right around hillside park. obviously there's impact to your local roads as well. as far as i understand hillside boulevard is open as well as market and mission through the area. not affecting the freeways obviously, but it is affecting locals to the area. we have christie smith on the roadway itself. christie, what's the latest out there going on with this flood and the evacuation? >> reporter: well, good morning to you. it's kind of hard to hear what you said but i can tell you i have some new information for you and that is that the water flow has stopped here in daly city. what they're telling us is that eight homes were evacuated, 40 people affected this morning. now that it's daylight you can see some of the mud out here this morning. nu all this information, according to one firefighter i just spoke with, but there is mud just about everywhere on these hills out here this morning around luzanne street. up above you can see where there is a slide. it looks like some trees slid this morning too. here's what we know, that it was

sometime after 4:30 this morning and water just started flowing downhill, bringing waves of mud with it near hillside park. at the top of the hill there is some sort of water storage facility used for boosting water power. now, the firefighter just told me that it's some sort of water main break, but exactly what caused it, they still don't know. some people who needed to get out are at a senior center near the top of the hill. i spoke with one man who heard a commotion. >> i woke up this morning with all the helicopters wondering what happened. looking out in the street, i said oh, no, because my truck is right there. >> reporter: covered in mud. >> covered in mud, probably. i've got to see how to get to work. >> reporter: now his truck very muddy this morning. fortunately he made it out, but there are quite a few cars that are just completely stuck in mud this morning. i spoke with some neighbors and they're telling me that on this street where they're standing, they do have water pressure, but the firefighter told me that at least 100 homes this morning are

without water. reporting live in daly city, christie smith, "today in the bay." >> a lot of damage there. 6:50. a san jose family wants answers after learning their loved one was shot dead by palm springs police over the weekend. he was a young marine living at twenty-nine palms and just back from afghanistan. bob redell joins us live with the new details. good morning, bob. >> reporter: good morning to you, laura. his family, who lives here in this neighborhood in san jose, has already headed down for palm springs. this is where the marine sop, 22-year-old allan devillena was killed by police early saturday morning. two bicycle police officers were responding to loud voices in a parking garage. they recognized devillena from a earlier drunk in public incident. when they ordered him and his passenger out of the car, police say the marine drove off, hitting one of those officers, while the other officer hung out of the passenger window. that's when police fired their weapons, hitting and killing the

young marine. his father says -- we spoke with him, doesn't think his 22-year-old son would have started a confrontation with police. he says he was smarter than that. >> he was very close with his sisters, his cousins, very close to family. he's got a lot of friends, very popular. >> reporter: his friend was not hurt inside his car. police say they found a stolen phone and atm card. allan devillena had recently returned from a tour in afghanistan and was just weeks away from finishing his service for the u.s. marines. he was actually in town last weekend touring local colleges. it was his hope to study sound engineering, he had a passion for music. bob redell, "today in the bay." the man behind a multimillion dollar company in silicon valley is in hiding this

morning. at this point he's refusing to talk to police in central america after his neighbor was found dead. marla tellez is joining us from the newsroom with more details on this ongoing manhunt for john mcafee. good morning, marla. >> reporter: jon, good morning. john mcafee made a $100 million fortune when he sold his antivirus company in santa clara almost 20 years ago. you could say he took the money and ran to belize to retire. now he's running from police. authorities in belize say the 67-year-old is a person of interest in the death of his neighbor, greg fall, seen right here. he was shot to death at his beachside property sunday. mcafee contacted "wired" magazine to declare his innocence saying he's worried who may have shot his neighbor may have actually been aiming for him. he tells the reporter the government has a vendetta against him saying, quote, you can say i'm paranoid about it but they will kill me, there is no question. they have been trying to get me for months, unquote. you can see a little bit of this come through in a tv interview

he did with a belize station when he explains his decision to hire personal security. take a look at the clip. >> i can go out now at night. so yeah, i hire off duty officers. who wouldn't in my position? and the final thing, i have an officer living on my compound. it makes me feel safe. >> reporter: in april officers raided mcafee's home confiscating weapons and drug-making equipment, which they are now investigating. now, he was never charged. despite all this he tells "wired" magazine he likes it in belize and has no plans to leave that country. >> thank you very much, marla. we want to check the markets right now with scott. they have been open for just a bit. >> good morning to you, mcafee these days now owned pie intel. intel is down ever so slightly this morning as are all stocks. the dow industrials are down about 12 points. s&p 500 off 2. netflix is about the only stock i see moving higher, 17 cents to

$78.36. here's some video for you just before midnight in san francisco, fans waiting for the latest sale of call of duty black ops 2. some people planning to call in sick. this fella, named bob redell, tweeted booyah! note to wife: see you and the girls in a month. i know brent is a big call of duty guy as well. >> he is. but he's been out for a while. a little ill. >> so he's already sick. >> yes, he is. is it playstation 2 as well? >> playstation 3. >> playstation 3. >> yeah, we're up to 3. >> she's already looking on target. i saw her online checking that out. >> isn't that a nice wife? >> you are the best. >> aren't you sweet. thank you very much. a developing story this morning and a brand new twist to that investigation into general david petraeus' affair with his biographer.

>> this morning another top military leader is under fire linked to the scandal. tracie potts joins us live in washington, d.c. why is that top american commander in afghanistan now being pulled into this investigation? >> reporter: well, laura, because apparently general john allen, who by the way took over in afghanistan after general petraeus, allen has 20,000 to 30,000 pages of documents, mostly e-mails with jill kelly. jill kelly is the woman who complained i'm getting these anonymous e-mails, they're harassing me and found out they were coming from paula broadwell, who's the biographer who was having the affair with general petraeus and both of them have admitted them. now there's this link through e-mails and the defense department is trying to investigate what that's all about. they call them potentially inappropriate. >> obviously a lot of e-mails being exchanged, personal photos as well. at this point do we know exactly what kind of relationship jill kelly and general john allen actually had? >> reporter: not really.

they haven't really unveiled the content of those e-mails. general allen, as you might imagine, says that there was nothing inappropriate at all. it is a large amount of e-mail over the course of two years. 2010 to 2012. so some of them recent within this year. but what was their relationship? senior defense officials were asked about that and they wouldn't really detail it paced on the info they have right now. >> what about petraeus, do you think he'll be called to testify before congress? >> reporter: you know, he could, but not necessarily about this entire scandal. we've got the fbi and the cia coming in to brief lawmakers on the intelligence committees tomorrow. but remember petraeus did this investigation of benghazi. what happened there with the deaths of our ambassador and others in benghazi. and he's now off the list of those to testify in those upcoming hearings, of course he's no longer cia director. but there are still some members of congress who say we need to hear the details from petraeus, so we may see him on the hill

testifying about that. >> thank you very much. there's a lot more to come out of it. >> a lot of layers, a lot of chapters left to be written in that one. >> a lot of e-mail. 6:57. let's check in with christina loren for one final check of the weather. good morning. >> good morning to you. let's go ahead and take you outside. if you're not going to work today or maybe not for a while, take a look at this beautiful start to the day. completely clear conditions out there. and this sky is representative of what the entire bay area is experiencing this morning. highs today are going to be comfortable with all that sunshine coming in so early. 72 inland, 70 bayside. at the coast you'll be at 69 degrees. we're going to warm up a little bit more tomorrow an then the rain arrives towards the end of the week. we'll have the seven-day every 15 minutes throughout the "today" show. let's check on your drive, it is heating up out there. >> christina, you are very busy all morning. looking over here west 92, a smooth drive on the san mateo bridge but 880, a new accident reported moving to the shoulder but you might experience a

little extra slowing in that northbound direction. southbound already slow. the peninsula looks pretty nice here through palo alto. north not a problem. southbound you've got sun in your eyes so prepare for that down the peninsula. an we'll look at the south bay where 101 shows typical slowing right here from capital expressway all the way up to the airport. 87, 280 and 85 all following suit. this is the slowest region throughout the bay. back to you. before we head out the door here's a look at today's top stories. a daly city neighborhood has been evacuated this morning. emergency crews there are working on a major water leak in the area near hillside park. christie smith is onscene and telling us a total of eight families have been forced out of their homes. at this point they have not announced a cause. governor jerry brown will attend a meeting at the csu board of trustees today as they discuss a new fee proposal. the new system would charge extra for students who take more classes than they need. students plan to protest today's meeting in long beach. maybe some awards on the way. giants manager bruce bochy and

a's manager bob mel vip both con terns for the major league baseball manager of the year after impressive performances in the playoffs. bochy actually did really well, actually won the world series. the second in three years. the award will be announced later on this morning, so good luck to both those gentlemen. and here's a little something for the kids. they might be asking to get to school a little late this morning because boy band one direction will be rocking the "today" show plaza. >> chills up your spine right now? oh, it's on. if you don't want to be late, call them over to the tv for a little sneak preview. ♪ >> that's a look at one direction rehearsing early this morning before their big "today" show crowd out there. the "today" show says the performance is drawing its largest crowd ever. you can catch the performance coming up on the "today" show right after "today in the bay" just moments away. >> working their magic. >> and their hair gel. >> lots of it.